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Constitutional judgment 3-4-1-13-05
JUDGMENT
OF THE CONSTITUTIONAL REVIEW CHAMBER
OF THE SUPREME COURT
No. of the case
Date of decision
Composition of
court
Court case
Date of hearing
Persons
participating at
the hearing
3-4-1-13-05
1 September 2005
Chairman Märt Rask, members Tõnu Anton, Eerik Kergandberg, Lea Kivi, Ants Kull
Petition of the President of the Republic to declare the Local Government Council
Election Act Amendment Act, passed by the Riigikogu on 28 June 2005,
unconstitutional
23 August 2005-09-12
Representative of the President of the Republic Arno Allmann; Deputy Chancellor of
Justice-Adviser Aare Reenumäe, acting as Chancellor of Justice; Adviser to the
Chancellor of Justice Nele Parrest; representative of the Ministry of Justice Kristjan
Siigur; representative of the Riigikogu Urmas Reinsalu; Chairman of the National
Electoral Committee Heiki Sibul and specialist of the national Electoral Committee
Tarvi Martens
Decision
To dismiss the petition of the President of the Republic
FACTS AND COURSE OF PROCEEDING
1. On 27 March 2002 the Riigikogu passed the Local Government Council Election Act (hereinafter
‘LGCEA'), enabling the voters holding a certificate for giving a digital signature to vote electronically on the
webpage of the National Electoral Committee on the days prescribed for advance polls. § 74(5) of the Act
establishes that Electronic voting is not applied before 2005.
2. On 12 May 2005 the Riigikogu passed the Local Government Council Election Act Amendment Act
(hereinafter ‘LGCEAAA'), specifying the norms of LGCEA regulating voting by electronic means. The
Riigikogu supplemented LGCEA, inter alia, with § 50(6), which provided for a voter's right to change his or
her vote, given by electronic means, either by a new vote by electronic means during advance polls, by a
ballot paper during advance polls or by voting by a ballot paper on the day of voting until 16.00.
3. By its resolution No 847 of 25 May 2005 the President of the Republic refused to promulgate the Act due
to the conflict thereof with the principle of uniformity of local government council elections, established in §
156(1) of the Constitution, as not all voters are guaranteed equal possibilities for the performance of the act